IL - Judges sleeping through evidence not cause for new trial

[JerseyGirl]

If a judge falls asleep during a murder trial, should the defendant automatically get a new trial?

A divided Illinois Appellate Court panel recently said no; so long as the judge was not dozing through crucial evidence or motions, an inadvertent nap is harmless. “We find that a judge falling asleep during a trial does not constitute … reversible error,” Judge Daniel Schmidt wrote in the majority opinion.

http://www.chicagotribune.com/news/...es-can-sleep-during-trial-20171105-story.html

 

[watergirl62]

*snip*

The appellate decision is tied to the case of spree killer Nicholas Sheley, who was on trial for four murders in Judge Jeffrey O’Connor’s western Illinois courtroom in 2014 when the lights were dimmed so the jury could watch security camera footage on a monitor. When the presentation ended, an assistant attorney general asked that the lights be turned back on, according to the ruling. The judge didn’t reply.


I would have guessed it was either during phone records or computer forensics testimony, and I have to wonder if they intentionally played the videos right after lunch.

Hmmm... the defendant is on trial for 4 murders vs the judge took a nap. If it became a pattern of napping violations, I would give it some credence, otherwise, uhm, fail.